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HomeMy WebLinkAboutContract 57555 CSC No. 57555 VENDOR SERVICES AGREEMENT RESIDENTIAL PLUMBING SERVICES ITB No. CFW0I-22-0026 This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation and Astar Heat &Air,Inc.("Vendor"),a plumbing company,and acting by and through its duly authorized President,each individually referred to as a"party"and collectively referred to as the"parties." AGREEMENT DOCUMENTS: This Agreement and supporting documents shall include the following: 1. Exhibit A—Scope of Services; 2. Exhibit B—Price Schedule; 3. Exhibit C—Verification of Signature Authority Form and; 4. Exhibit D—Insurance Requirements. Exhibits A, B, C and D, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes.In the event of any conflict between the terms and conditions of Exhibits A,B or C and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Vendor shall perform residential plumbing services for the water conservation program including, but not limited to,SmartFlush CARE and SmartRepair on behalf of the Water Department.Exhibit"A,"- Scope of Services more specifically describes the services to be provided hereunder. 2. TERM. This Agreement shall begin on the Effective Date,as established herein, and shall expire one year from the effective date or the expenditure of the contract amount,whichever comes first,unless terminated earlier in accordance with this Agreement. City shall have the option, in its sole discretion, to renew this Agreement under the same terms and conditions,for up to four(4)one-year renewal options. 3. COMPENSATION. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit"B,"—Price Schedule. Total payment made under this Agreement shall be in the amount up to Four Hundred Fifty Thousand Dollars ($450,000.00). Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. OFFICIAL RECORD CITY SECRETARY Vendor Services Agreement(Rev.9.07.2 1) Page I of 12 FT.WORTH, TX 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason,Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement.In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor,for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event,Vendor shall,in good faith,use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Vendor agrees that City shall, until the expiration of three (3)years after final payment under this contract,or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records,including, but not limited to, all electronic records,of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor Services Agreement(Rev.9.07.21) Page 2 of 12 Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Vendor or any officers,agents,servants,employees or subcontractor of Vendor. Neither Vendor,nor any officers,agents,servants,employees or subcontractor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBYCOVENANTSANDAGREES TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS)ANDIOR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright,trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with City in defense of such claim or action.City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or Vendor Services Agreement(Rev.9.07.21) Page 3 of 12 restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation;or(b)modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid to Vendor by City,subsequent to which termination City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its primary duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assigmnent,the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract for primary duties,such subcontractor shall execute a written agreement with Vendor referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. INSURANCE. Insurance requirements are found on Exhibit D. 11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations,Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. NOTICES. Vendor Services Agreement(Rev.9.07.21) Page 4 of 12 Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives,(2)delivered by electronic means with confirmation of the transmission,or(3)received by the other party by United States Mail,registered,return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Astar Heat&Air, Inc. Attn:Dana Burghdoff,Assistant City Manager Eliseo Esparza, President 200 Texas Street 10865 Sanden Dr. Fort Worth,TX 76102-6314 Dallas,TX 75238 Facsimile: (817)392-8654 Facsimile: 214-278-1529 With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor,any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas.If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. Vendor Services Agreement(Rev.9.07.21) Page 5 of 12 City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement including its. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment,modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including its Exhibits, contains the entire understanding and agreement between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards.City must give written notice of any breach of this warranty within thirty(30)days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or (b)refund the fees paid by City to Vendor for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Vendor Services Agreement(Rev.9.07.21) Page 6 of 12 Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof,and in and to the copyright,patent,trademark,trade secret,and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due,or rights of retention thereto on the part of City. 28. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party,and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name,title and signature is affixed on the Verification of Signature Authority Form,which is attached hereto as Exhibit"C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP. Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL. Vendor unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Vendor has 10 or more full time-employees and the contract value is $100,000 or more,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2) will Vendor Services Agreement(Rev.9.07.21) Page 7 of 12 not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that if Chapter 2271,Texas Government Code applies,Vendor: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 31. PROHIBITION ON BOYCOTTING ENERGY COMPANIES. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2),the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code(as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2).To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement. 32. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES. i. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more which will be paid wholly or partly from public funds of the City,with a company(with 10 or more full-time employees)unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"and"firearm trade association"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code(as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement to be effective as of the date subscribed by the City's Assistant City Manager("Effective Date"). (signature page and exhibits follow) Vendor Services Agreement(Rev.9.07.21) Page 8 of 12 ACCEPTED AND AGREED: CITY OF FORT WORTH: 7L— By: NDOR: ana Burgh '- Dd&LLay 13,2 4.09:54 CDT)Name: Dana Burghdoff By: Name: Elisco Esparza Title: Assistant City Manager Title: President Date: Date: _ -( APPROVAL RECOMMENDED: Name: Christopher Harder Title: Water Department Director ATTEST: oeo 1oFORT�Oa�� 0 0 010 �0 A By: J ette S.Goodall(May 13,2022 12 CDT) �j Y% o00 Y �d Y T O T Nam : Jannette S. Title: City Secretary ��a���EXAAy So4p APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person 090 responsible for the monitoring and administration of By: Mack(May10,202213:33CDT) this contract,including ensuring all performance and Name: Douglas W. Black reporting requirements. Title: Sr. Assistant City Attorney CONTRACT AUTHORIZATION: By: ��h�eez� rzoz� �f �DTj 1VI&C: 22-0262 Name: Micah Reed DATE: April 12,2022 1295: April 20,2022 Title: Water Conservation Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Vendor Services Agreement(Rev.9,07,21) Page 9 of 12 EXHIBIT A SCOPE OF SERVICES EXHIBIT B PRICE SCHEDULE Both are included in CFWO1-22-0026 ITB Residential Plumbing Services PDF attached. Vendor Services Agreement(Rev.4.07.21) Page 10 of 12 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY ASTAR HEAT&AIR,INC 10865 SANDEN DR DALLAS,TX 75238 Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Eliseo Esparza Signature of President CEO Fs Other Title: Date: Qj Vendor Services Agreement(Rev 9.07.2 1) Page—11 Tof 12 EXHIBIT D INSURANCE Attached as a PDF. Vendor Services Agreement(Rev.9.07.21) Page 12 of 12 NOW WOxz°T1 COVER PAGE Event ID Page; Invited: PUBLIC EVENT DETAILS , CFW01-22-0026 _ 1 Event Round Version ` 1 1 Event Name I ITB Residential Plumbing_Services _ _ I Submit To: City of Fort Worth Start Time Finish Time FINANCIAL MANAGEMENT SERVICES 12/28/2021 os:oo:oo_CST 01/20/aM 13:30,00 CST FINANCE Purchasing 200 Texas St.(Lower Level, South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov h e Gi Ve[]t DPPCr torR Ct ty o ort Wt 7 ity)is accepting bids for annual agreements for residential plumbing services for the water conservation program between the City of Fort Worth(City)and qualified vendors. Submission Requirements and Deadlines Terms and Conditions All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal, Please visit https://www.fortworthtexas.gov/departments/finance/purchasing/register for more information, Assigned Buyer:Ashley Kadva There will be a pre-proposal conference held on January 4, 2022 at 11:00 AM Location:City Hall 200 Texas St Room 380,3rd Floor Fort Worth,Texas 76102 Bids are solicited for furnishing the merchandise,supplies,services and/or equipment as set forth in this solicitation, Completed Bids including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 110 P.M.,January 20,2022,and then publicly opened and read aloud at 2:00 RM. in the Council Chambers, Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED, Bids shall be mailed or hand delivered to the following address: City of Fort Worth, Purchasing Division, Lower Level, City Nall,200 Texas Street,Fort Worth,Texas 76102 Bids delivered by special courier(i.e. Federal Express,Special Delivery etc.)are to be marked on the outside of the courier's shipping envelope"BID No.22.0026, ITB-Residential Plumbing Services"AND MUST BERECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening, Bids may not be altered,amended or withdrawn after the official opening,The undersigned agrees, if the bid Is accepted,to furnish any and all items upon which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in this document.The period for acceptance of this bid will be 120 calendar days after the bid opening date. Solicitation Documents: 1. Cover Page 2, Bid Submission Signature Page" 3, Bid Solicitation`" 4. Part 1 -Instructions 5. Part 2 Scope of Services/Specifications 6. Attachment A-Conflict of Interest Disclosure Requirement"" 7. Attachment B-Vendor's Contact Information 8. Attachment C-Consideration of Location of Bidder's Principal Place of Business"(if applicable) 8. Attachment D-Reference Sheet 9, Attachment E-Draft Services Agreement, attached as a separate document 9. Attachment F-Evaluation Questionnaire "Required to be completed and submitted,See Section 14.2, Part 1 for all required documents that need to be Submitted, Failure to submit all items will be grounds for rejection of a bid as non-responsive to the specifications. ITB 22-0026 Residential Plumbing Services Page 1 of 33 FORT WORTH. — BID SUBMISSION SIGNATURE PAGE Event ID Page; Invited: PUBLIC EVENT DETAILS CFw01-22-0026 2 Event Round version it 1 I Event Name _ TTH Residential Plumbing Services Submit To: City of Fort Worth Start Ttme Finish Time FINANCIAL MANAGEMENT SERVICES 12/28/2021 08.00:00 CST 01l20t20 2 13:30e00 Csz_ FINANCE-Purchasing 200 Texas St,(Lower Level,South) Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. Legal Company Name: Astar Heat&Air,INC Company Address: 10805 Sanden Drive City, State, Zip: Dallas,Texas 75238 Vendor Registration No. #0000041055 Printed Name of Officer or Authorized Representative: Eliseo Esparza President Title: Signature of Officer or Authorized Representative: ~ _ -- Date: 19 January 2022 Email Address: Estimating@AstarDl+W.com Phone Number: 214-283-1399 Federal Identification Number(FID): 27-0261067 Will agreement be available for Cooperative Agreement use?YesX No ITB 22-0026 Residential Plumbing Services Page 2 of 33 PART-1 INSTRUCTIONS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation as well as any addendums. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation by the deadline for questions listed in Section 2.0, Part 2. The City assumes no responsibility for any errors or misrepresentations that result from Bidders not using the completed Solicitation document and addendums. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location of the Purchasing Division are specified in the advertisement and on the first page of the solicitation. 2.0 EXPLANATIONS,CLARIFICATIONS OR QUESTIONS 2.1 Any explanation, clarification,or question desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division by the question deadline listed in Section 2.0, Part 2, so that a written addendum can be posted before the submission deadline. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 IN ORDER FOR QUESTIONS TO BE ANSWERED,ALL QUESTIONS MUST BE HAND DELIVERED OR SENT BY E-MAIL BEFORE THE QUESTION DEADLINE AND MUST BE IDENTIFIED AS FOLLOWS: 2.2.1 All explanation, clarification or questions must clearly identify the buyer's name and the bid number on the document or on the subject line, if sent by and email. For example: "Attention: Buyer name and Bid No. XX-XXX". If the buyer's name and bid number is not included as specified above, the question(s)will NOT be answered. 222 Delivery of questions by: 2.2.2.1 Hand Delivery—Fort Worth City Hall, Purchasing Division, Lower Level, 200 Texas Street,Fort Worth Texas, 76102. 2.2.2.2 Via Email—FMSPurchasinciResponses(r fortworthtexas.gov 2.2.2.2.1 Please note, if an e-mail confirming receipt of your e-mail is not received within 1 (one) business day, please contact the City of Fort Worth Purchasing at 817-392-2462. 2.3 Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum posted on the City's website under the corresponding bid number. ITB 22-0026 Residential Plumbing Services Page 5 of 33 3.0 UNAILITHORIZED COMMUNICATIONS—Bidders'contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Purchasing Manager, the Business Equity Division, or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer,employee, agent or representative of the Respondent shall have ! any contact or discussion,verbal ur written, with any members of the City Council, City staff ur � City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except � ao herein provided. Any violation of this prohibition may result in the Respondent being disqualified � from the procurement proceoo. Any oral communications are considered unofficial and non-binding with regard ho this|TB. � 4.0 PREBID CONFERENCE A pre-bid conference will be held at 11:00 AM,Tuesday. Januory4.2022 at City HaU,200 Texas Street, Room 38O. Fort Worth,TX7G1O2 Failure ho attend the pre-bid conference will impact o pobundoi Vendor's ability to submit fully informed and competitive bid response, To join the Pre- bid NuVVebax. please see Cover Page for details. � 5�U PREPARATION OF BIDS � 51 Each Bidder must furnish all information required by the Solicitation in order to be evaluated,the Solicitation shall be considered non-responsive. | 5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 6.0 QUANTITES-The quantities listed on the bid solicitation are only estimates based on previous ' usage and do not indicate intent to purchase or a guarantee of future business. The City nfFort | Worth is obligated to pay for only those materials and services actually ordered by an authorized | City employee and then received os required and accepted by the City. 7.0 TAXES- Purchases nf Goods or Services for City use are usually exempt from City, 9bate, and most Federal Taxes. Bids may not include exempted taxes, The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 8,0 DEFINITIONS 8.1 Brand Name orEqual: |f the Solicitation indicates brand name or''equm|"products are acceptable, the Bidder may offer an^equa|^ product and must be prepared todemonstrate � | those features that render|tequal. Final determination ofa product eo"equo|" remains with the City. � 8,2 Delivery Time: Delivery time, if stated as a number of days,will be based on calendar � days. Time ioof the essence in any City purchase. |f the indicated date cannot be met or � the date ia not indicated,the Bidder shall state its best delivery time, � 83 Free on Board(FOB) Point: Freight Terms shall be FOB DaaOnoUon, Freight Prepaid and Allowed. This means the Vendor or Shipper owns goods in transit and is|iobka for delivery � ho the point ofdestination. 8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier for breakage or other loss and for any damage resulting from transportation. � � 8.3i2 The Bidder should quote its lowest and best price, with the goods delivered tothe � place specified, at the Bidder's expense and risk, and their tender delivery to the City, � ! � ITB22-0O26 Residential Plumbing Services � Page Uof33 � &3.3 Bids offering any other delivery terms are not acceptable and may be cause for � g]3 RRICESIPERCENTAGE MARKUP | � 91 Bid prices and percentage markup i shall be firm offers unless otherwise specified. Pricing and percentage markup(if applicable) shall be entered on the Bid Offer | Sheet. � 3.2 In the event of a discrepancy between unit price and extended price,the unit price shall � govern. | 0.3 Prices shall be offered in the Dollars of the United States ofAmerica(or decimal fractions � thereof), 10.0SIGNATURE Bidder must provide o wet signature on each document in the Solicitation | requiring asignature. Any change made to the Bid must be initialed by the Bidder. | 11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID / 111 All material submitted to the City becomes public property and iasubject to the Texas Open � Records Ac upon receipt. � 11.1,1 |fe Bidder does not desire proprietary information in the bid hobe disclosed,each � page must be identified and marked proprietary at time ofsubmittal. The City will, | to the extent allowed by law, endeavor to protect such information from disclosure. / If a Public Information Request is made for Bidder's proprietary information, the � Bidder will be notified so that they can submit a letter to the Texas Attorney � General. The � Texas Attorney General. � 11.1.2 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary endava||nb|euponpub|ionaquemi � 12O BID PREPARATION COSTS-AUcoebamaouoiatedwithpnepehngaBidinmopnnoetoa Solicitation shall ba borne by the Bidder. 18.0 PAYMENTS 13.1 All payment terms shall be"Net 30 Days"from the date the City receives a correct invoice, 13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the Qty'awmbs|taat 14.0 SUBMISSION OF BIDS 14.1 Bid documents: Unless otherwise specified, Bidders are required ho submit a signed ! executed original and one scanned copy of the entire bid submittal on a flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the ! envelope. � 14�2 Documents required to be submitted with Bid: Bidders shall submit all the items listed | below and utilize the format below to submit their bid prior to the bid submission deadline. 14.2.1 The completed and signed Bid Submission Signature Page; � 14.22 The completed Bid Su|icdeUon� ' / � ITB22-OO2G Residential Plumbing Services � Page 7of33 � � 14.2.3 Reference list of a minimum of three (3) current customers(comparable in size) who the bidder has recently provided subject services on a continuing basis over a three(3) year; 14.2.4 Bidders shall provide evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid.The bidder shall demonstrate its ability to secure and perform the services within the delivery requirements specified herein. 14.2.5 Bidder's background, number of years in business; 14.2.E A completed and signed original Conflict of Interest Questionnaire, Attachment A; 14.2.7 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment B, if applicable; 14.2.8 A completed and signed Vendor Contact Information,Attachment C; 14.2.9 A completed Reference sheet, Attachment D; 14.2,10 Signed Addendum(s)acknowledging receipt; 14.2.11 Scanned copy of all documents listed in Section 14.2, Part 1; 14.2.12 Any other document included in the Solicitation requiring completion or execution by the Bidder; 14.3 Failure to submit all the items listed in Section 14.2, Part 1 will be grounds for rejection of a bid as non-responsive to the specifications. 15.0 LATE BIDS 15.1 Bids must be received in the Purchasing Division prior to the bid submission deadline. All Bids received after the submission deadline are considered late and will be returned to the Bidder unopened. 15.2 Purchasing's time stamp clock is the official time of record. However, if the time stamp is not available or broken, the date and time written on the bid receipt by Purchasing staff shall be the time of record. 15.3 It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies,or any other form of delivery service chosen by the Bidder to deliver before the bid due date and time. 15.4 Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. 16.0 MODIFICATION OR WITHDRAWAL OF BIDS 16.1 Modification of Bids: Bids may be modified in writing at any time prior to the bid submission deadline. 16.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile(provided that the facsimile is signed by the Bidder)at any time prior to the bid submission deadline. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the bid submission deadline. A receipt of withdrawal must be signed by the Bidder. No Bids ITB 22-0026 Residential Plumbing Services Page 8 of 33 may bo withdrawn after the bid submission deadline without forfeiture of the Bid guarantee, unless there ioamaterial error in the Bid. Withdrawn Bids may be resubmitted,with ur � without modifications, prior to the bid submission deadline. The City may require proof of � agency from the person withdrawing abid� 17.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly ! open all Bids timely received, reading each bid aloud. � 18.0 EVALUATION FACTORS AND AWARD � 181 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation(unless otherwise specified). However,the City may evaluate and award the Contract for any item / nr group of items shown on the Solicitation, nr any combination deemed most | advantageous to the City. Bids that specify en"all nr none"award may be considered ifu | single award is advantageous. 18.2 Award. The Method of Award is detailed in Section 4, Part 2. (Note: A Bidder that does not ! earn at least 50%of the technical points will be deem "non-responsive"and will not be awarded onontroot.) 18.3 Acceptance and Award of Bid: Acceptance and award of a Bid will be in the form of a Purchase Order oreContract. Subsequent Purchase Orders may be issued as ! appropriate,The contents of a Bid Response shall become a part of the Contract. Under | no circumstances will the City bnresponsible for Goods or Services provided without m Purchase Order issued by the City. 10.0 RESERVATIONS-ThoCityoxpmaa!yruoerveothohghtbn: i 19.1 Specify approximate quantities in the Solicitation; 19.2 Extend the Solicitation opening date and time; 19.3 Consider and accept alternate Bids, if specified in the Solicitation,when most advantageous to the City; 10.4 VVmiva as on|nforma|ity, minor deviations from specifications provided they do not affect i competition or result in functionally unacceptable goods orservices; | 19.5 Waive any minor informality in any Bid or Solicitation procedure(a minor informality is one that does not affect the competitiveness of the Bidder); / 19�8 Add additional terms or modify existing terms in the Solicitation before the bid submission ! deadline; / 197 Reject o bid because cf unbalanced unit prices bid; � 19.8 Reject nr cancel any or all Bids; � i 16i9 Reissue oSolicdaUon' ' . � 19.10 Procure any item bV other means; and/or 19.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. ' � [FB 22'OU2G Residential Plumbing Services � 20.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 20.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 20.2 Business Equity Division Documents: If Business Equity goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two(2) City business days after the bid opening date, i exclusive of the bid opening date, hu the City location specified in the bid. Bidders shall / obtain a receipt from the appropriate department au evidence that the City received the documentation. 20.3 Certificate of Interested Parties Form 1%S5: |f the Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate ofInterested Pnrboo Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented tu the City Council. The form may ba completed mt | � 21.0 RROTEST PROCEDURE � ! 211 Vendors who respond to Invitations to Bid have the right to protest the solicitation process ! or the bid award if they believe that there has been any impropriety or unfair criteria inthe ' process. 21.2 The Vendor must submit any protest inwriting tu the Purchasing Manager within 14days � after the Vendor knows, or should have known,of the facts relating to the proposed action or award, 21.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a | purchasing action through telephone dinouaaionu, mai|, e-mail or in person meetings with | the protesting Vendor. | | 21.4 After discussions or meetings,the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting Vendor of the right ho review byo panel made upof City staff, 21.5 A City protest review panel will consist ofnn Assistant City Attorney, e representative mfthe operating department,the Purchasing Manager and any other appropriate personnel or employees of the operating department. 21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Vendor does not agree, the protesting Vendor will be invited to attend the City Council | meeting at which the recommended award is to be presented to the City Council and make � known his/her concerns. The protesting Vendor will be instructed bo arrive prior bo the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document(M&C) inquestion. 216.1 Vendors wishing to speak before the City Council should review the rules for registering bo appear before City Council located at: nn the City'm | � | | | � RB22-0026 Residential Plumbing Services � Page 1Uof33 22,0 COOPERATIVE PURCHASING 22.1 Should other governmental entities decide to participate in this contract, Bidder,shall indicate in their proposals whether they agree that all terms, conditions, specification,and pricing would apply. 22,2 If the successful Bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated, to purchase material/services under this contract(s)awarded as a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed. ITB 22-0026 Residential Plumbing Services Page 11 of 33 � PART-2 � SCOPE OFSERVICES/SPECIFICATIONS � 1.0 SCOPE 1.1 The City of Fort Worth(City) seeks bids to finalize an agreement for residential plumbing services for the water conservation program between the City uf Fort Worth(City)and � qualified vandorn.,The successful bidder(n), known hereafter os"Cnntnmdor"/'"Vendor." � 1.2 The Term of this Contract will be one (1) year from the effective date or expenditure of the contract amount,whichever comes first. The Contractor's compensation shall be based on | work performed. There is no guarantee that a specific dollar amount will be spent or ! minimum purchase will be made under this Contract. Up to four(4) renewals of this contract are ot the City'o sole option. 1.3 Qb/staff will use these contracts for water conservation pmgramm, induding, but not limited to, SmartF|uoh CARE and 8martRepair. 1.3.1 GmartNepair assists eligible low-income homeowners with repairs of minor household plumbing leaks. 13.2 The SmartFlush program provides high-efficiency toilet replacement for eligible City � homeowners and commercial properties, 1.3.3 The 8mortF|uoh CARE program also provides installation of the toilets for elderly and low-income homeowners. | | 1.4 The purpose of the Cib/'o Water Conservation PmQmms, is to reduce water waste and|oaa ho improve water conservation savings, 1.4.1 The Programs are funded through the Water Department, | / 1.5 Conservation programs require Contractors to work in residents'homes and may involve work otcommercial and apartment locations, 1.6 The work pedbnnad under this Contract must be conducted in accordance with all applicable Fedmna|. State and Local Regulations and be performed in a professional and | workman-like manner. | 1.7 Gas,wastewater line mpairo,and hot mmbar heaters are not pad of this contract. / 1.8 Nn sewer work will be part wf this contract. � 1.0 Assistance for a single Property is limited to once every 12 months and two lifetime visits. � 110 Emergency work may bm ordered bythe City inwriting. | 1.11 No work will be performed on any City-observed holidays which are: � 1111 New Year's Day, Martin Luther King Day, Memorial Day,Juneb*endh. July 4m. Labor Day, and Thanksgiving. 1.12 The quantities listed on the bid solicitation are only estimates based on previous usage and � do not indicate intent to purchase or a guarantee of future business. The City is obligated to � pay for only those services actually ordered by an authorized City employee and then � received mo required and accepted by the City. ! [FB22{026 Residential Plumbing Services Page 12of33 � � � 1.13 Following the award, additional services of the same general category that could have been encompassed in the award of this Agreement,and that are not already on the Agreement, may be added based on the discount bid and price sheet provided with the bid. 1.14 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery,fuel charges, fees and certifications fees. NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. 1.14.1 The maximum expenditure per Property is$3,000.00 without prior approval 1.15 Any services that have been omitted from this scope of service that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the scope of services. 1.16 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 TENTATIVE SCHEDULE OF EVENTS TASK DATE ITB Release Date December 28, 2021 Pre-Bid Conference January 4, 2022 at 11:00 AM Local Time Deadline for Questions January 6, 2022 at 5PM (Local Time Answers Posted January 11,2022 ITB Responses Due Date AT 1:30 p.m. (Local Time) January 20, 2022 Recommended Vendor Selection January 2022 -Mayor and Council Consideration February 2022 -Contract Execution February/March 2022 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP-The Vendor shall notify the City's Purchasing Manager, in writing, of a company name, ownership,or address change for the purpose of maintaining updated City records.The president of the company or authorized official must sign the letter, A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 4.0 METHOD OF AWARD 4.1 Bids will first be evaluated based upon bids received from a responsible bidder that presents the best value to the City. A responsible bidder is defined as a bidder that: 4.1.1 Meets all the requirement listed in Section 5, Part 2. 4.1.2 Submits a completed bid package within the stated deadline and in accordance with the bid specifications. ITB 22-0026 Residential Plumbing Services Page 13 of 33 4.2 Bids that do not receive 50% or more of the total available points, excluding the points for price,will be deemed non-responsive. 4.3 The following criteria will be used to determine the best value: 4.3.1 Cost of service—up to 40 points; 4.3,2 References—up to 10 points; 4.3.3 Contractor's approach to perform services—up to 10 points 4.3.4 Contractor's qualifications, refer to evaluation questionnaire,Attachment F—up to 10 points; 4.3.5 Contractor's experience in performing services, refer to evaluation questionnaire, Attachment F—up to 10 points; 4.3.6 Quality of bidder's services, refer to evaluation questionnaire,Attachment F—up to 20 points 4.4 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 4.5 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City.The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 4.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 4.7 If Attachment B, Local Preference, is completed by any bidder, the City will review the Attachment to determine whether Local Preference will apply to the award. 4.8 The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids.Award may be made without discussion with Bidders after bids are received. Bids should,therefore, be submitted on the most favorable terms. 4.9 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 5.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 5.1 The Contractor shall: 5.1.1 Have a minimum of 2 (two) years of experience conducting services similar or related to the Scope of Services. 5.1.2 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone. ITB 22-0026 Residential Plumbing Services Page 14 of 33 5.1.3 Provide all labor(licensed master plumbers and journeymen), materials, parts, tools and equipment necessary to perform plumbing services for qualified applicants, on an as-needed basis,as specified by the City. 5.1.3.1 Toilet and parts for SmartFlush toilet and showerheads must be furnished by the City's supplier and listed as no charge items on plumber invoices. 5.1.3.2 Plumbers will include installation cost for labor on the invoice. 6.0 CONTRACTOR RESPONSIBILITIES 6.1 Contractor shall promptly notify City in writing if Contractor observes that the estimate is at variance with the Plumbing Code, applicable laws, rules, ordinances,and/or regulations bearing on the conduct of the work. 6.1.1 If the Contract performs work which it knows or reasonable should know is contrary to any governing laws or ordinances,then Contractor shall bear all costs and damages arising therefrom. 6.2 Contractor shall provide all tools required to complete the work, as well as, the transportation of tools, materials and personnel to job sites. 6.3 During all periods of contract performance, provide competent supervision of Contractor's employees to assure complete and satisfactory fulfillment of the work and the terms of this contract. 6.3.1 Contractor shall provide adequate, trained, on-site supervision of work. 6.3.2 Contractor or a capable,fully authorized representative must be immediately available during all work activities to receive any and all special instructions from the authorized City employee. 6.3.3 The City shall have the right to require that the Contractor dismiss from the premises covered by this contract, any employees of the Contractor whose conduct is improper, inappropriate, or offensive and such employees shall not be reemployed on the subject premises by Contractor without written consent of the City. 6.4 Contractor shall be thoroughly familiar with all prevailing safety measures pertinent to its operations,which shall include, but not necessarily be limited to: 6.4.1 Environmental Health Agency(EPA) regulations, Fort Worth City Ordinances, and Occupational Safety and Health Agency(OSHA) regulations. 6.4.2 Contractor shall be wholly responsible for instructing its employees in these safety measures and seeing that they are fully complied with in every respect. 6.5 Contractor shall provide plumbing services in homes of residential water customers and may include repairs to in-house plumbing fixtures,water pipes and main water lines. 6.6 Contractor shall provide workers with a form of identifying clothing and name badge. 6.7 Contractor shall provide services that may involve detection, location and repair of leaks within concrete walls, frame walls or floor slabs. 6.7.1 Contractor shall replace material that was removed and provide general maintenance and repair of existing domestic water piping system ITB 22-0026 Residential Plumbing Services Page 15 of 33 8.7,2 Contractor shall make repairs uf existing domestic water piping system, � 8.8 Contractor shall provide and install fixtures and plumbing equipment to repair or replace | existing Plumbing related items. � 6.8 Contractor shall pick up toilets and ohovwarheudoat the current supplier's fooUdy. KAoniaon / Supp|y, cunanUy|nno�dat� ' . � � 311 E. Vickery Blvd. � Fort Worth,Texas 7G1O4 � � 6.10 Contractor shall provide a scope of work, identifying the specific job description and � location. � 811 Contractor shall provide the program monagerawhbanihannizoddenuhpUonofdemoond � labor required hu complete each job, � 612 If the contractor encounters unforeseen conditions that affect the work and which could not | initially be evaluated,the Contractor shall notify the City's authorized employee(s) | immediately. � 8.13 Contractor shall ensure that all work imin accordance with the latest edition of all applicable � Local, State and Federal Laws,Codes and Regulations. / 6.13.1 Contractor shall have work inspected by the proper officials upon completion. � 6.14 When the City requests regular service, the Contractor must contact City staff within one � (1) business day to accept or reject o job offer. � 8.15 Regular work hours shall be from 7:3Uombu5:3O pm, Monday through Friday, | 8,16 After hours shall be from 5:31 pm to7:2S am. Friday through Monday. 6.17 No emergency services will be provided without prior written approval of City staff. 8.17.1 There shall be no emergency rates, after-hours,or holiday appointments except with prior written approval of City staff. 8.18 Parts Warranty: 6.18.1 Remedy at the Contractor's expense, any damage tu real nr personal property when that damage io the result ofa defect ofinstallation. | / 0.18.2 All parts provided or installed by the Contractor shall carry the standard warranty of the manufacturer,as well as, the Contractor's general warranty of workmanship. 8,18.3 The City shall notify the Contractor within a reasonable period after the discovery of � any failure, defect, or damage. � / 6.18.11 |f the Contractor fails bz remedy any failure, defect ordamage to within reasonable time after receipt of notice, the City shall have the right to replace, repair or otherwise remedy the failure,defect � or damage et the expense of the Contractor. / 6.18 Contractor's employees are required to wear an identification badge at all times while ! performing work under this agreement, � ITB22-0O26 Residential Plumbing Services Page 1Gof33 � � 6.19.1 A criminal background check must be performed with no cost incurred by the city. 6,19.2 If requested,a complete list of the Contractor's employees including driver's license numbers and social security numbers,will be provided to the Water Department, 6.19.3 The same information shall be provided prior to the assignment of any new employee to the work. 6.20 Under no circumstances shall any Contractor personnel having any criminal convictions or pending criminal hearings be assigned to the City contract. 6.20.1 If requested by City, Contractor shall provide copies of criminal background checks,whether on any employee, subcontractor or employee of any subcontractor, 6.20.2 Under no circumstances shall Contractor assign employees to the work who are not legally authorized to work in the United States of America. 6,20.2.1 If requested, Contractor shall provide 1-9 forms and supporting documentation for each employee assigned to the City Contract. 6.20.2.2 If requested, Contractor shall provide any"No-Match" letters from the Social Security Administration, 6.21 The use of any kind of intoxicants or illegal drugs by Contractor's employees while on duty shall constitute grounds for termination of this Contract for cause by City. 6.21.1 Contractor's employees shall not bring intoxicants or illegal drugs onto any property assigned for work. 6.21.2 Drug screening may be requested, and if requested, it shall be at the Contractor's expense to have such testing performed on its employees. 6.22 At no time or place, use equipment in such a manner as to block traffic lanes or to create safety hazards, 6.22.1 Contractor shall provide appropriate warning devices when necessary and cooperate in the fullest in allowing through-passage of other vehicles and personnel, even to the point of interrupting their own work, if necessary. 6.23 Contractor shall schedule all work with the owner or occupant of the property if the occupant is also not the owner. 6.23.1 Contractor shall not enter into any side agreements with Owner or any occupant for additional Work,changes to the Work or materials over and above those specified in this Contract and the estimate. 6.23.2 Any eligible additional Work or changes to the Work shall be performed only pursuant to change orders approved in writing by City and Owner. 6.23.3 Contractor shall not solicit Owner or occupant to perform additional work on the housing unit for a minimum of(six)6 months after the Work is complete. ITB 22-0026 Residential Plumbing Services Page 17 of 33 6.23.4 Contractor shall protect Owner or occupant's household goods and property from damage or loss during Work, and maintain same in as good condition as before Work started. 6.23.5 Contractor shall keep the identities and participation status of Owners and occupants confidential. 6.23.E The Contractor shall be wholly responsible for and shall promptly correct or restore all defective work and damages to any job site caused by its activities. 6.24 The warranty with respect to labor on new installation, repairs and replacement of products shall be one(1) year from date of acceptance by an authorized City employee. 6.24.1 Previous payments in full or otherwise do not constitute a waiver of this guarantee. 6.24.2 Failure by the Contractor to proceed promptly with corrective actions, after notification from the City, may be cause for cancellation of this Contract with amount(s) necessary to correct defective work and/or damage being withheld from payments due or to become due to the Contractor. 6.24.3 Restoration and correction shall be to the complete satisfaction of the City. This shall apply to any part of a building/home, its appurtenances,the adjacent grounds, or any other tangible damage incurred in the performance of the Contract, 6.25 The Contractor shall keep the premises free at all times from accumulation of waste materials or rubbish. 6.25.1 At the completion of the work,the Contractor shall remove all waste and rubbish from and about the work area, as well as tools, equipment and surplus materials, and shall leave the area as clean and as free of spots, stains,etc.,as before the work was undertaken. 6.25.2 Contractor shall be responsible for disposing/hauling of all trash, demolition debris, unused material, etc. in accordance with all Local, State,and/or Federal guidelines. 6.26 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this contract shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Contractor's obligation with respect to such performance shall continue in full force and effect. 6.26.1 The Contractor acknowledges the importance of time in completion of the work called for under this agreement.The Contractor agrees that all work shall be performed regularly,diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified. 6.26.2 Assessment/inspection appointments should be scheduled within one(1)week of accepting a job unless appropriate City staff is notified.Written estimates,when required, should be submitted for approval within three(3) days of said appointment. 6.26.3 Jobs should be completed and invoices received within three(3)weeks of estimate approval by City staff. Inability to meet these time expectations must be preapproved in writing by appropriate City staff. 6.26.4 Contractor acknowledges full understanding of the extent and character of the work required and conditions surrounding the performance of each job. ITB 22-0026 Residential Plumbing Services Page 18 of 33 6.26.5 The City will not be responsible for any alleged misunderstanding of the work to be furnished or completed or conditions surrounding the performance. It is understood that the cost estimate by the Contractor serves as a stated commitment to fulfill all the conditions of the bid. 6.27 Contractor shall provide cost estimates if requested by the ordering division. 6.27.1 Cost estimates do not have to be exact; however, they should reflect a realistic dollar amount comparable to the work requested/needed. 6.27.2 All estimates shall be itemized to show labor costs and material/parts costs and markup. 6.27.3 Material and parts costs shall detailed separately by item. 6,28 Hourly labor rates and percentages bid shall be the delivered price and items shall be delivered with the terms of FOB Destination, Freight Prepaid, and Allowed. 6.28.1 Hourly labor rates shall be actual time worked at the City's job site to the nearest one-quarter hour. 6.28.2 Contractor delays, servicing delays, mileage,freight, parts procurement or travel time will not be accepted or paid by the City under the terms of this agreement. 6.28.3 Items such as, but not limited to equipment, parts,fixtures, and materials for City projects shall be charged to the City using a cost plus/mark up percentage listed on the bid solicitation page. 6.28.4 Contractor must provide proof of cost with all invoices that list such item charges. 6.28.5 Fixed hourly bid prices shall remain firm through the initial term of this agreement. 6.28.6 Mark-up percentages shall remain firm for the duration of the contract,including renewal options. 6,28.7 The City reserves the right to accept an increase or cancel any individual item affected, or entire purchase agreement,if the increase is not acceptable. 7.0 CITY REQUIREMENTS AND RESERVATIONS 7.1 The City will identify the location, City contact, and description of the service request to the Contractor. 7.2 The City will provide a purchase order number before the commencement of any service. 7.3 The City reserves the right to immediately dismiss temporary workers provided by the Contractor, if the City becomes dissatisfied with the service for any reason. 7.4 The City reserves the right to reject workers provided by the successful Contractor if they are found to be unacceptable before or after starting on the job to which they have been assigned, 7.5 Should the City wish to hire an individual who has been filling the temporary position, neither the individual nor the City will be required to pay a placement fee. ITB 22-0026 Residential Plumbing Services Page 19 of 33 7.5.1 There shall be no obligation on the part of the City to hire any temporary worker that is supplied under the terms of this solicitation on a full time basis following the term of the part time employment. 7.6 The City reserves the right to control the details of the temporary employees'work while assigned to the City. 8.0 LAWS, REGULATIONS, AND ORDINANCES 8.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations;and City: laws, ordinances, and regulations for safety of people, environment, and property.This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency(EPA),Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality(TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement,the Vendor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. 9.0 INVOICING REQUIREMENTS 9.1 The City of Fort Worth has begun implementing an automated invoicing system. 9.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoicesCcfortworthtexasqov. This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 9.3 Please include the following on the subject line of your e-mail: vendor name, invoice number, and PO number, separated by an underscore(ex: Example, Inc,_123456_FW013- 0000001234) 9.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: • All invoices must be either a PDF or TIFF format. • Image quality must be at least 300 DPI (dots per inch). • Invoices must be sent as an attachment(Le, no invoice in the body of the email), • One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. • Please do not send handwritten invoices or invoices that contain handwritten notes. • Dot matrix invoice format is not accepted. • The invoice must contain the following information: • Supplier Name and Address; • Remit to Supplier Name and Address, if different; • Applicable City Department business unit#(i.e. FW013) • Complete City of Fort Worth PO number (Le, the PO number must contain all preceding zeros); • Invoice number; • Invoice date;and • Invoices should be submitted after delivery of the goods or services. 9.5 To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoicesO.fortworthtexas ov.To check on the status of an invoice, please contact ITB 22-0026 Residential Plumbing Services Page 20 of 33 the City Department ordering the goods/services m the Central Accounts Payable | Department by email at: � &.G If you are unable ho send your invoice ao outlined above at this time, please send your � invoice to our centralized Accounts Payable department instead of directly to the individual � city department,This will allow the city staff to digitize the invoice for faster processing. � 9.7 If electronic invoicing iu not possible, you may send your paper invoice to: City of Fort Worth | | Attn: FKAS Central Accounts Payable � 2OO Texas Street Fort Worth,Texas,7G1O2 � � The Cih/'o goal is to muaivo 100% of invoices electronically so that all supplier payments � are processed efficiently. To achieve this goal, we need the Contractor's support. � If Contractor has any questions, please contact the Accounts Payable team at (817) 303- | 2451urbymmoi|to 9,8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish � � a tax exemption certificate upon Vendor's request. / 11.0 UNIT PRICE ADJUSTMENT 11A The unit prices may be adjusted for increases or decreases in Vendor's cost during the � renewal period but before the effective date of the renewal upon written request from the Vendor. � 11.2 The Vendor must submit its price adjustment reque st,ut in writing,ng at least 6O days before the mnewo{efeodvepehod. The Vendor ,— —�Man proof ^� uf cost increases with � price adjustment request. � 11.3 /f the City concludes that the rate increase being requested io exorbitant,the City reserves | the right to adjust the rate request, or reject the rate request in its entirety and allow the ! contract ha expire a1 the end of the contract term. |f the City elects not to exercise the � renewal option, the Purchasing Division will issue a new solicitation, | 11.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all i associated freight and delivery costs, 11.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern, 11.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re-bid an agreement, not to exceed ninety(90)days. Vendor will be reimbursed for this service at the prior agreement rate(s).Vendor shall remain obligated to the City under all � clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination nf this Agreement. 11,7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the City. � 12.0 INSURANCE REQUIREMENTS—The Contractor shall carry insurance in the types and amounts / !or the duration nf this contract eo listed in the draft service agreement,Attachment Dtothis � | IT822-0O2G Residential Plumbing Services � Page 21of33 solicitation,and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. 13.0 PERFORMANCE-Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 14.0 SUBCONTRACTING -No subcontracting of the work under this contract will be allowed without written permission from the City. 15.0 HAZARDOUS CONDITIONS 15.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 15.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective Equipment(PPE) while handling hazardous material. If there are questions regarding how to dispose of materials,the Contractor shall contact City of Fort Worth Code Compliance at 817-392-1234. 16.0 CONTRACT ADMINISTRATION AND TERMINATION 16.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement,The Department head or his/her designee will notify the Vendor, in writing, of its failures.A meeting may be arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 16.2 In the event the Vendor continues with unsatisfactory performance,the department will promptly notify the Purchasing Manager who will take appropriate action to cure the performance problem(s),which could include cancellation, termination for convenience or default. If the agreement is terminated for default, the Vendor may be held liable for excess cost and/or liquidated damages, 16.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. 16.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination,the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Vendor exceed the agreement price. The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 17.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 17.1 If the Federal award meets the definition of"funding eCFR—Code of Federal Regulations agreement"under 37 CFR§401.2(a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental, developmental, or research work ITB 22-0026 Residential Plumbing Services Page 22 of 33 under that"funding agreement,,the recipient oruubrecipient must comply with the requirements of 37CFR Part 4O1. "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative � Agreements,"and any implementing regulations issued by the awarding agency. � 1&O CILEANAIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 18.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to � the Clean Air Act(42U.8.C. 74O1-7G71q) and the Federal Water Pollution Control Act ay amended(33U.&C. 1251'13O7). Violations must be reported hm the Federal awarding � agency and the Regional Office of the Environmental Protection Agency(EP/) . � 19.0 PEBARMENT AND SUSPENSION � 19.1 Per Executive Orders 1254Q and 1208A, a contract award (see 2CFR18O,22O)shall not � be made to parties listed on the government-wide exclusions in the System for Award � Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement � Executive Orders 1254A(3CFR part 1U8GComp.. p. 180)and 1288Q (3OFR part 1O8A � Comp.. p. 235). "Debarment and Suopenoinn." SA[N Exclusions contains the names of � parties debarred, suspended, orotherwise excluded by agencies,au well ooparties � declared ineligible under statutory or regulatory authority other than Executive Order � 12549. � . � 20.0 � 201 Firms that apply or bid for an award exceeding$100,000.00mmst file the required � certification. Each tier certifies to the tier above that it will not and has not used Federal � appropriated funds to pay any person or organization for influencing or attempting to � influence an officer or employee of any agency, a member ufCongress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection | / with obtaining any Federal award. Such disclosures are forwarded from tier to tier uptothe non'Fadenu|aword. | 20.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their bid, if the bid exceeds$1OO.0OO.O0 21.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code,as added by Acts 2O21. 87UnLng, R.S.. S.B. 13. §2. the City io prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1)does not boycott energy companies; and(2)will not boycott energy companies during the term of the contract. The terms "boycott energy company' and "uompeny"have the meaning ascribed hu those terms byChapter | 2274of the Texas Government Code,ao added by Acts 2021. 87thLeg.. R.G.. S.B. 13. §2. To the ! extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this � Agreement,Vendor certifies that Vendor's signature provides written verification to the City that � Vendor: (1)does not boycott energy companies; and (2)will not boycott energy companies during � the term of this Agreement, � 22.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES � Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas � Government Code, eo added byActs 2021. 87thLog.. R.S,. 3.B. 19. § 1.the City in prohibited from � |TB 22'0026 Residential Plumbing Services Page 23of33 entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1)does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not have a practice, policy,guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 23.0 RIGHT TO AUDIT Vendor agrees that City will, until the expiration of three (3)years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City.Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 24.0 NO BOYCOTT ISRAEL If Vendor has fewer than 10 employees or this Agreement is for less than$100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the Agreement. ITB 22-0026 Residential Plumbing Services Page 24 of 33 �ATTACHMENT_A CONFLICT{JF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code,any person oragent ofeperson who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ("Questionnaire")the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. � By law,the!Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids,correspondence,or another writing related to potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form C|Oio enclosed with submittal documents. The form iu also available at � http://vmxmv.ethiun.obuho.tx.uo/fomneAC|Q.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance iuthe � individual responsibility of each person or agent of a person who is subject to the filing requirement. An � offense under Chapter 178ina Class Cmisdemeanor. | NOTE: |f you are not aware of a Conflict of Interest in any business relationship that you might � have with the City, state Contractor name in the#1, use N/A in each of the areas on the form. However, a signature is required in the#7 box|n all cases. � � | � | ! | � | OB 22-0026 Residential Plumbing Services � Page 25uf33 � CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This quastionnalm ireflocu changes made to the law by HR 23, 84th Log,, Regular session. OFFICIEUSEONLY Thu,aLosli,.nnjjio i5 boirg i47 d ix,actnFd,,ncPNtft,,Chaptm I/f,Loxal_3)vrjuimnru Goo.),oy,a vendor who Dam P"Yad has a bustooss relasearhp j�dalmod by SO.,1011 17;,:011)1g I sl with J ViCAl jOverrifflCTual entity and the vondc,t meats iclutrirrients w0m Smtio. i�It,oil,',iai By law barll*lj ailt if wco(lla the rielhwof than 11i,?7tti buFiariss d3y stir.me diu?,h;n van at VAcomc-5 awaiii of lac,s that rojulra the stw@iri,,�W to he, tj[Gd Sep Section 176 OiN(a,I;,lJY0 I GWel'urflent CA,4.10 A tiriox c,,frinitv,at,oticribo I th-)vome"..""miliqly vialate3 ScOloo I-lio)(16,11-ocal(1vveminvol D:x1t) ,fir, oNwo ,riNf this section is a iiiiallamearior. Name of voodorwho has a business relationship with local governmental entity, ASTAR HEAT&AIR,INC Chock this box If you are filing an update to a previously filed questionnaire,fllhe lav uia�Y"JuHo an I�Pdrucll c,cmpfatod q-1astiohriarci viiii tri=j appropriate thing authority not later lhal tho 7W mjsiqos"dny After the Sato on i0let"! you bcca.my Swats Wat tl'a cogrially Hen quostionricurc wa-: 41VArtril4te of 31 Name of local governmcrint officer about whom the Information Is boing disclosed, NA Nome of Offiicor -aj I)oscribe each employment or other business relationship with the local government officer,or a family member of the officer,an described by Section 176.00a(s)(2)(A). Also describe any family relationship with the local govarnfford officar. Complete subparts A and 8 for each employment or business relationship described. Attach addiliottal pages to this Form CIO as necessary, NA A. Is the[oc—al gorvgrmmont officer or a family mornbQf of Me officer retching or like0y to TLmeiivo Wabda Mcorno. other than investmont inoDme.from the vendor? F—� Yes � Na B, Is tile vrwrar'l rocetv if-a ,t I Ili oo;to foce-wo Taxable Income,tit hot tnag i rivosirnon*,i tic c m i,c in�i al ii!c-d at in lorril fjffk,%7,or a!ami�y mamboi of the n(ficer AND do t1xiblo inccroe is iron,the local auva,r-rnowal itiitiry' F-1 Ybs F x] No Doscribe each employment orbusinpas relationship that the vendor named In Section I maintains with a corporation or other business entity with respect to which it)*local government officer serves as an officer or director,or fields an ownership interest of one percent or more, NA Check ftiz box El if the vendor mvon the fc-�:nf gdrA,,rmn", --or or a family member of the cibcof one or more gi its is desor b�i-,'ln'Saclion 17fl."Q excluding g described in Section 176.003(a-li 01-19-2022 Him—I V,iiru piov4led by Tqy.-iq L*ht,,,,, www ethics state tx us Revis-d 1/1/2021 ITB 22-0026 Residential Plumbing Services Page 26 of 33 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http:,,,-NAww,stakutes-legis.state.tx.uW Docs/L(3VhtnVLa 176.him.For easy reference,below are some of the sections cited on this form. Local Government Code 4 176.001(I-a):"Business relationship-means a connection between two or ni-iote patties based on commercial activity of one of the parties. The term does not include a connection based on-, (A) a transaction that is subject to rate or fee regulation by a federal,state,or lonal governmental entity or in agency of a federal,state,or local governmental entity; (8) a transaction conducted at a price and subject to terms available to the public;or IC) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code i 176.003(a)(2)(A)and(B). (a) A 1ccal government officer shall file,a conflicts disclosure statement with respect to a Veridot if (2) thevendfor, (X, has an employment of other business relationship with the focal government officer or a family member of the officer that results in the officer of family rhernber r(,-Ptvjng taxable other than invesiment income, that exceeds$2,,500 during the 12-month period preceding the date that the officer becomes aware that (i) acontfactbetwpenthp local hast.,perlexecuted, or (11) the local governmental entity is considering entering into ;- contract will)the verrdor ;8l has given to the focal government officer or a family member of the off icei one or wore gifts that have an aggregate value of more than$100 In the 12-month penal orec-ading the date the ofticpf hecomp's aware that: ti! a contract between the local governmental entity and vendor has been executed,at (if) the local governmental entity is considering entering into a contract with the vendor. Local Government Code 4 176,006(a)and(a-1) (a) A vendor shall the R completed conflict of Interest clueslionnalre if the vendor has a business relationship with local gov ernmen"al entity and Mi has an employment or other business relationship with a IL l govemment officer of that local governmental entity,or a family iremuer of the officer,described by Section 176 0031'aj{2)iA); (2-� has given a local government officer of that local governmental entity.,or a family rnoinDer of the officer acne car more gifts with the aggregate value specified by Section gift described by Section 17 G.003(a-11).or 13) has a family relationship with a local government officer of that loom governmental entity, (a-l) The completed conflict of intefestclUestionnairp must be filed with the appropriate records administrator not later than the seventh business day after tile later of (1) the date that the vendor (A) begl(IS CIHSCLISSIWIS Of negOlf1tions to orilpr into contract with the iocal govetrin-ental entity,or (0) st;bm its to the I or-at gov emnieni a I entity an application,response to a f r-quest f or pt aposals of bids, correspondence, or another writing relatpo to a potential contiart with the local goiierninenial entity;or (2) 1he elate the vendor becomes aware. (A) of:an employment of other business relationship with a local goveiritnerit officer,or a farnily member of the officer,described by Subsection(a), (Bi that the vendor has given one or more gifts described bySubspction(ay or (C) of a family relationship with a local government officer. Form pTovidod by Toxas Rhicg Corr,ission www ethics stato.tx.us fteAsed 11172M21 ITB 22-0026 Residential Plumbing Services Page 27 of 33 ATTACHMENT-B CONSIDERATION OF LOCATION QF BIDDER'S PRINCIPAL PLACE OF BUSINESS 8ouUnn 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter Into a contract for certain purchases with a bidder whose principal | place of business is in the corporate Urnitm of the City mf Fort Worth and whose bid is within 3 or 5 � percent of the lowest bid, depending on the value of the request and goods or services requested, if | the lowest bid is from a business outside the municipality and contracting with the |wuo| bidder � would provide the best combination of price and other economic benmK|1mto the municipality, Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. � � The Fort Worth City Council requires the following information for consideration of location of bidder's principal place nfbusiness. Add additional sheets\f needed ho provide this information. | 1 LooeUnno| Eligibility: Principal Place uf Business in Fort Worth,Texas. | a. Oo you have a Fort Worth office? If yes, identify address: NO b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 509Q mm ' | 2. Economic Development opportunities resulting from contract. ' a. Number of Fort Worth m 0 ! b, Amount of City of Fort Worth ad valorem taxes(real and business personal property) paid by company(for prior tax Fort W rth office or former location, if Fort Worth offi is newly- established)? Certification ofinformation: | The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty ofparju@�(Company Name) (Date) - (Signature) (Printed Name and Title) � /TB 22'0028 Residential Plumbing Services � Page 28cf33 | ATTACHMENT C—VENDOR CONTACT INFORMATION Vendor's Name: ASTAR HEAT&AIR,INC Vendor's Local Address: 10865 Sandcn Drive,Dallas TX 750238 Phone: 972-283-1399 Fax: 214-278-1529 Email Estiniatiiig(xi'�astaw•dfw.com Name of persons to contact when requesting services or billing questions: Namerritle Luis Ruvaleaba,Muniepal Accounts Specialist Phone: 469-269-4921 Fax: 214-278-1529 Email LuisR*AstarDFW.eoin Name/Title Brianna Utley,A/R Manager Phone: 972-485-0813 Fax: 214-278-1529 Email: Brian na(ii)Asta rl)FW.com Namerritie Fred Oliyares,Operations Manager Phone: 469-354-4217 Fax: 214-278-1529 Email: Fred6i AstarDFW.com Will your company accept P-card payrh ts? X yes no Eliseo Esparza 19 January 2022 Signature Printed Name Date ITB 22-0026 Residential Plumbing Services Page 29 of 33 ATTACHMENT D- REFERENCE SHEET Please complete and return this form with your bid. The Vendor shall furnish references for at least three (3) recent customers to whom products and/or services have been provided that are similar to those required by this solicitation, The City will be the sole judge of references. Please use additional sheets. 1. Company's Name City of Dallas(Minor Plumbing Repair Program) Name of Contact Robert Revillas Title of Contact Sr. I ieral Present Address 1500 Marilla Street 2AN City, State, Zip Code Dallas,TX 75201 Telephone Number 214 )670-9365 Fax Number( 214 ) 670-5244 Email robei-t.revillas(a�dallascityhall.com 2. Company's Name City of Plano(Housing Rehab) Name of Contact Efren Echevarria Title of Contact Sr. Housing Rehabilitation Project Coordinator Present Address 7501 A-Independence Pl.-,wy City, State, Zip Code Plano,Texas 75025 Telephone Number 214 )663-4968 Fax Number 972 208-8158 Email eechevarria(&,plano.gov 3. Company's Name RS Commercial Construction,LLC Name of Contact Amanda Ruh] Title of Contact Sr. Project Manager Present Address 17250 Dallas Parkway City, State, Zip Code Dallas,Texas 75248 Telephone Number 214 ) 934-8250 Fax Number Email amandar@rscommerciaIconstruction.com RFQt 21-0206 Authority Control Services Page 19 of 41 ATTACHMENT F—EVALUATION QUESTIONNAIRE Please answer all questions below as fully and accurately as possible.You may use multiple pages if necessary. Qualifications 1. What types of trainings have your supervisor's received? 081-IA III hour, Excavation Equipment Irainlilly SaEct), MectiWIN 'COVID-19 M 'L igration raitling (ASTAR Internal) 2- How does your company ensure employees are trained and remain up to date on safety measures as governed by the EPA,OSHA and City ordinances? Weekly Safety Meetings &Specialized OSHA training when appropriate 2a. How often are these trainings done? Weekly & Bi-yearly Experience 3. How many years of experience does your business have in conducting services similar or related to the Scope of Services. 20 years 4. Please provide two good examples of plumbing services you have performed in relation to this ITB. Example 1: The City of Dallas'MPR Program is a low income MINOR PLUMBING REPAIR PROGRAM that is very similar to the City of FTW's SMART FLUSH &REPAIR program. ASTAR has been executing this program succesfully for the last 8 years. We look to the next 4 years of the MPR program with the City of Dallas until it is up for bid again. ITB 22-0026 Residential Plumbing Services Page 31 of 33 Example 2: ASTAR is currently the incumbant contractor that has been performing the SMART FLUSH&REPAIR program with the City of FT Worth. When other contractors could not keep up with the load of work,ASTAR was called upon to perform &we are very proud of the work& client satifaction we have\ been able to provide for the last year working with the City. Quality of Services 5. Do you have and operate a full-time, permanent business address with the ability to be reached by email and telephone? Please provide this location, phone number and email address, Yes,ASTAR HEAT&AIR is principally located in Dallas TX at the following address: ASTAR HEAT&AIR,INC 10865 Sanden Drive I Dallas TX 75238 1 972-485-0813 lestimating@astardfw.com 6. Provide a list of the types of personnel which will be performing these services, (i.e licensed master plumbers and journeymen) ASTAR plans on keeping the same principal plumber,Luis Calvillo& his helper Pablo Manuel Valencia under the supervision of our RESPONSIBLE MASTER PLUMBER Ricardo Covarrubias (License#M-40345 on this program if ASTAR is lucky enough to be chosen again on this bid request. 7. Please provide a list of materials, parts, tools and equipment which you will utilize to perform these plumbing services. ASTAR has a vast assortment of equipment,tools,service vans,inspection cameras, heavy equipment& plumbing materials to service this RFP. See ATTACHED (exhibit 7F): 1. Current Material Inventory 2. Current Tbol & Equipment Contractor's Approach to Performing Services 8. Please describe your approach to perform the services specified in this ITB. ASTAR will continue to provide the same service under the same office support & the same field support. ASTAR has a dedicated department that deals exculsively with Municipality low income programs. ASTAR is dedicated to the DFW area with a specific division for this exact type of program. Please See the attachment(exhibit 8F) for the organizational structure, invoice examples, & other important approach information including vaccine records for our principal plumbing team in the field. 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Product Name)Manufacturer Data Healthcare professional Vaccine or Clinic site Lot Number ._ Common sideeffects P+oose Pfizer 4/22/2021 ,_ 10Dose YY EW0175 DCHHS _. On the arm where you got the shot: Throughout the rest of your body: 2m Dose d yy COVID•19 _ _ --- Pam ® Fever Tiredness other er 0 1 S 'f_'r m Swelling ® Chills Headache2V Other a r dd /1 health checker Helpful tips If you have pain or discomfort,talk to your doctor about taking an over-the-counter medicine,such as ibuprofen or acetaminophen. To reduce pain and discomfort where you got the shot: To reduce discomfort from fever. ® Apply a dean,cool,wet washcloth over the area. s Drink plenty of fluids. 1--A a Use or exercise your arm. ® Dress lightly, Ask your healthcare provider When to c1 the doctor about gifting Started with v-safe Use your smartphone to tell CDC about any In most cases,discomfort from fever or pain is normal.Contact your doctor or healthcare provider: side effects after getting the COVID-19 vaccine, o If the redness or tenderness where you got the shot increases after 24 hours You'll also get reminders if you need a second dose Q if your side effects are worrying you or do not seem to be going away after few days Learn more about v-safe. Www cdc ovlvsaf Remember ® Side effects may feel like flu and even affect your ability to do daily activities,but they should go away Ind few days. • With most COVID-19 vaccines,you will need 2 shots In order for them to work.Get the second shot even if you have side effects after the first one,unless a vaccination provider or your doctor tells you not to get a second shot. • It takes time for your body to build protection after any vaccination,COVID-19 vaccines that require 2 shots may not protect you until a week or two after your second shot. • it's important for everyone to continue using all the tools available to help stop this pandemic as we learn more about how COVID-19 vaccines work in real-world conditions.Cover your mouth and nose with a mask when around others,stay at least 6 feet away from others,avoid crowds,and wash your hands often. HEALTHCARE PROVIDER,PLEASE FILL IN THE INFORMATION BELOW: If your temperature is °F or 'C or higher or If you have questions,call your healthcare provider. Tell your healthcare provider about: Healthcare provider phone number.Medication(if needed). Take _—_ _ every —hours as needed, (type and dose or amount) , cdc-gov/coronavilrus CS 321466-A 12/1312020 11,tge 2 of 12 COVID-19 Vaccination Record Card Please keep this record card,which Includes medical Information about the vaccines you have received. Porfavot guarde esta tar)eta de reglstro,que incluye informaci6n m 'ta s bie las vacunirs que ha reclbldo, tUl t.rs (amo first Name _.. .� _-Mi b-Z of birilr Razlent nuniks"+(rnedJCaf retard Arll3 receftd�Turrf 6crj Product Name/Manufacturer Healthcare Professional Yaaina Lot Number pate orCllnlc Slta 1"DoseV�( COVID-19 mm dd }y Z"'Dose COVID-19 Warn/dd 1 yy 0. Other mm d� yy Other -- mm dd yy s Page 3 of 12 Astar Heat and Air, Inc Invoice#: 74541-1 10865 Sanden Dr Dallas, 1X 75238 Work Order#:30451 Phone:(972)485-0813 Ll AI-Rt Fax: (972)278-1529 services@ asta rdfw.com astardfw.com HVAC License:TACLB-00028662E I Texas Plumbing License:M-40345 Transaction Date: 1/11/2022 Completion Date: 1/11/2022 Invoice Due Date:2/10/2022 Customer PO#: FW060-0000014573 Bill to Ship to City Of Fort Worth(SmartRepair) Adaline Hewitt 1000 Throckmorton Street Water Account#40079-42436 Fort Worth, Texas 76102 4241 Virginia Lane Fort Worth, 1X 76103 Item Description Quantity Price Amount FTW-50 Replaced(1)Lavatory faucet 2 handle 1 $0.00 $0.00 Replaced(1)kitchen faucet with sprayer Replaced(1)ADA Toilet NC Replaced(1)Showerhead NC Replaced(1)Hose bib Replaced(1)lavatory vanity cabinet All fixtures will be replaced with the items below to complete this job. FTW-3 Journeyman Plumber-Regular Hours 5 $85.00 $425.00 FTW-4 Plumber Helper-Regular Hours 5 $65.00 $325.00 FTW-11 Materials Supplies&Parts, 1 $426.61 $426.61 (Material Price$378.10+ 12.83% Markup) FTW-1 ADA Handicap Toilet-NC 1 $0.00 $0.00 FTW-22 Replace showerhead-NC 1 $0.00 $0.00 FTW-23 Replace lavatory vanity cabinet 1 $180,53 $180.53 (Unit Price$160 00+ 12.83%Markup) Subtotal: $1,357.14 Tax: $0.00 Total: $1,357.14 Page 4 of 12 Astar Heat&Air Inc. Ship To: TACLB00028662E/M40345 City of Fort Worth Water Department 10865 Sanden Drive, 1000 Throckmorton St. Dallas, TX 75238 Fort Worth, TX 76102 (972)485-0813 Customer: Address: Water Account# Adaline Hewitt 4241 Virginia Lane 40079-42436 Consultant Ship Via Luis C Ruvalcaba Fort Worth,TX 76103 PN Description Qty Unit Price Ext Price MAINLINE CE225E-CP POLISHED CHROME CENTURION 1 2 GPM 2 HOLE DECK 1601334 MOUNT 4 CENTERSET 2 WRIST BLADE HANDLE LAVATORY FAUCET ADA 1 $63.71 $63 71 r APPROVED LEAD FREE 280417 MAINLINE BPU POLISHED CHROME POP-UP DRAIN ASSEMBLY 1 $40 08 $40 08 762551 DEARBORN P9703WBG 1112 PVC PLASTIC PIPE PTRAP 1 $5 89 $5 89 3812 DEARBORN P9793E 1-1/2X16 DOUBLE SJ WHITE SCH40 PVC EXTENSION TUBE 1 $8 71 $8 71 973035 MAINLINE MLTT-150 1112 OR 11 t4 TUBEX11/2 OR 11/4 TUBE DRAIN 1 $6.75 $6 75 CONNECTOR 871574 t - MAINLINE MLQTCR19CX POLISHED CHROME 1/2NOMX3/8 COMPXCOMP 2 $28 86 $57 72 ANGLE QUARTER TURN STOP VALVE WITH OVAL HANDLE LEAD FREE MAINLINE CE111 E-WSCP POLISHED CHROME CENTURION 1 5 GPM 4 HOLE 1601310 �4 DECK MOUNT 8 CENTERSET SINGLE METAL LEVER HANDLE KITCHEN FAUCET 1 $91 16 $91 16 WITH SIDE SPRAY ADA APPROVED LEAD FREE -`' MAINLINE MLB116AF 3l8X1l2X16 COMPXFIP BRAIDED STAINLESS STEEL 821990 cam"` LAVATORY CONNECTOR LEAD FREE 4 $23 75 $95 00 Paget of 2 Page 5 of 12 Adaline Hewitt PN Description City Unit Price Ext Price 970113 AY MCDONALD 72008 1/2 MXMHT OR SWTXMHT BRASS BOILER DRAIN WITH $9.08 $9.08 1 WHEEL HANDLE LEAD FREE Subtotal: $378.10 Sales Tax: $0.00 Freight: $0.00 Handling: $0.00 Total: $378.10 Page 2 of 2 Page 6 of 12 Astar Heat and Air, Inc Invoice M i22009 10865 Sanden Dr Dallas, TX 75238 Work Order#:26770 Phone: (972)485-0813 JAME W Fax: (972)278-1529 services@astardfw.com astardfw.com HVAC License:TACLB-00028662E I Texas Plumbing License:M-40345 Transaction Date: 1/14/2022 Completion Date: 11/22/2021 Invoice Due Date:2/13/2022 Customer PO#: FW060-0000014573 Bill to Ship to City of Fort Worth(Smart Flush Care) Doris Smith 1000 Throckmorton Street Water Account#159241-153872 Fort Worth, Texas 76102 1301 Cloverdale Drive Fort Worth, TX 76134 Item Description Quantity Price Amount FTW-1 ADA Handicap Toilet-NC 2 MOO $0,00 F1W-3 Journeyman Plumber-Regular Hours 2.5 $85.00 $212.50 FTW-4 Plumber Helper-Regular Hours 2.5 $65.00 $162.50 Subtotal: $375.00 Tax: $0,00 Total: $375.00 Payments: $0.00 Balance Due: $375.00 Terms: Net 30 Regulated by Texas Dept.Licensing&Regulation, P.O. Box12157, Austin,Tx78711 800-803-9202 Rev 04/16 Regulated by the Texas Department of Licensing and Regulation-PO Box12157-Austin-Tx-78711, 800-803-9202, 512-463-6599,www.license.state.tx.us. TACL By signing this document you the customer are aware and agree to all disclaimers below. You as the customer have the right to cancel any and all service(s)within 3 days of signing this contract. All sales are final. If you choose to cancel the transaction please notify us in writing at the business address referenced above A Star Heat and Air, Inc reserves the right to file property liens if payment(s)are not received- Page 1 of 6 Page 7 of 12 It Astar Heat and Air, Inc Invoice#: i22009 10865 Sanden Dr Dallas, TX 75238 Work Order#:26770 Al Phone:(972)485-0813 Fax: (972)278-1529 services@astardfw com astardfw,com HVAC License:TACLB-00028662E(Texas Plumbing License: M-40345 This invoiceis agreed and acknowledged. Payment is due upon receipt.A service fee will be charged for any returned checks,and a financing charge of 1%per month shall be applied for overdue amounts, I have inspected all of the work done by A-Star pursuant to the contract terms agreed by meat the location described in the contract, I find that all work has been completed in a satisfactory and workman like manner. I have been given the opportunity to address concerns and/or discrepancies in the work provided,and either have no such concerns or have found no discrepancies or they have been addressed by[the contractor]to my satisfaction. My signature here signifies my full and final acceptance of all work performed by the contractor pursuant to the contracts agreed. "YOU MAY CANCEL THIS TRANSACTION,WITHOUT ANY PENALTY OR OBLIGATION,WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE."IF YOU CANCEL,ANY PROPERTY TRADED IN,ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE,AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE MERCHANT OF YOUR CANCELLATION NOTICE,AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. "IF YOU CANCEL,YOU MUST MAKE AVAILABLE TO THE MERCHANT AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED,ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE;OR YOU MAY IF YOU WISH,COMPLY WITH THE INSTRUCTIONS OF THE MERCHANT REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE MERCHANT'S EXPENSE AND RISK. "IF YOU DO NOT AGREE TO RETURN THE GOODS TO THE MERCHANT OR IF THE MERCHANT DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION,YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. 'TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE,TO A-Star Heat&Air,AT 10865 Sanden Dr, Dallas,Tx 75238 NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. Page 2 of 6 Page 8 of 12 Astar Heat and Air, Inc Invoice#: i22009 10865 Sanden Dr Dallas, 1X 75238 Work Order#: 26770 Al Phone: (972)485-0813 Fax: (972)278-1529 services@astardf\,v.com astardfw,com HVAC License:TACLB-00028662E Texas Plumbing License: M-40345 ,4.ttachnnents a ffig � ^f A. 1 r ysi� ,1 5 t 4 WO_267701 MG_57a5 jpg Page 3 of 6 Page 9 of 12 Astar Heat and Air, Inc Invoice#: i22009 10865 Sanden Dr Dallas, TX 75238 Work Order#:26770 Phone:(972)485-0813 Fax: (972)278-1529 services@astardfw.com astardfw.com HVAC License:TACLB-00028662E Texas Plumbing License:M-40345 r. i t 2. WO_267701 Mt3_ffaa.j pg Page 4 of 6 Page 10 of 12 Astar Heat and Air, Inc Invoice#: i22009 10865 Sanden Dr Dallas, TX 75238 Work Order#:26770 AIUW Phone: (972)485-0813 Fax: (972)278-1529 services@astardfw.com astardfw.com HVAC License:TACLB-00028662E I Texas Plumbing License: M-40345 {y. � 4 k 3. W O_267701 MG_dd59.jpg Page 5 of 6 Page 11 of 12 Astar Heat and Air, Inc Invoice M i22009 10865 Sanden Dr Dallas, 7X 75238 Work Order*26770 Phone: (972)485-0813 :AI-A m;ff Fax: (972)278-1529 services@astardfw.com astardfw.com HVAC License:TACLB-00028662E Texas Plumbing License: M-40345 AL ,} '* 4 11 t, 5 w n+� e „ S p� 4 �t i * xYs 5{g k & rt �d 4. WO_267701 MG_f3e8.jpg Page 6 of 6 Page 12 of 12 ATTACHMENT E—DRAFT SERVICE AGREEMENT The draft service agreement is attached as a separate document. ASTAR has read & agrees with the terms outlined in the Draft Service Agreement(DSA). ASTAR will enter into an agreement without presenting any ammendments or qualifications to the DSA. Eliseo Esparza, President,ASTAR HEAT&AIR ITB 22-0026 Residential Plumbing Services Page 33 of 33 FORTWORTH. ADDENDUM TO INVITATION TO BID 22-0026 Residential Plumbing Services PURCHASING DIVISION ADDENDUM NO, 1 DATE ISSUED: January 11, 2022 Invitation to Bid (ITB): 22-0026 BID OPENING DATE: January 20,2022(UNCHANGED) Invitation to Bid, issued December 28,2021, is hereby amended as follows: 1. Answers to the questions asked by bidders are hereby answered starting on page 2. All other terms�and conditions remain unchanged. flG�e�CL Ashley 4(adva BUYER 11 ■mm■rar•■aa■ra■ar■mma■mam•■mamm■ma■mm■■am■aam■mmamaamaamrra■aaamar■reaaara■■ram By the signature affixed below,Addendum No. 1 is hereby incorporated into and made part of the above referenced ITB. - COMPANY NAME: 'STAR HEAT &AIR, INC- SIGNATURE: �� NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. ITB 22-0026 Residential Plumbing Services Addendum 1-Question and Answers Page 1 of 2 � Q1. On Page 8, section 1424, how shall the bidder provide evidence aside from showing previous invoices or referrals? Al, When you submit a response to this bid that is stating that you can abide by the requirements of | this bid, However, in addition to simply responding, providing answers in the evaluation ! questionnaire aids us in determining that you are qualified.While we do not require that you � | submit any invoices, if you feel that this will help, you are certainly able to submit those documents. You must still adhere to the limit of 20 pages, Additionally, there are questions in Attachment F—Evaluation Questionnaire beginning on page 31. | | Q2. On page 14. aeoUnn 4.3 3, contractors appnxaoh, do you want breakdown of how wm plan to approach each job? Please clarify how wm should specify. | � A2, Yes, we want you to break this down how you will approach each job. There are questions � contained within the evaluation questionnaire,Attachment F for this. Also,An itemized estimate � must be approved before each job, ! � O3. On page 16, section 6.15, Hours,our company hours vary from those listed here and are billed � with other contractors em such, Can wo break them down ensuch? � They are aufollows: � Regular hours: Monday through Friday 8:OOam-4:20pm � Over time(time&1/2): Monday through Thursday 4:3Dpm-7:5Apm / Over time(time and 1/2): Saturday 8:00 pm—7:5B am � Double time: Monday through Friday 8:UOpm-7:5Bom � Double time: Smturdoy3:3O pm—Monday 7:5Qam � A8. The hours are set in the bid documents and your bid response should reflect accordingly. | Q4. On page 17. section 8.1U1. in there e preferred vendor for background checks? Does the � TSBPE proof of|duntiGncount? ' Azl The City does not have a preference on any particular vendors to use for background checks. Q5. On page 17. section 8.21.2. drug screening, if requested, im there a preferred oompomy/|omd|wn? A5. The City does not have a preference on any particular vendors to use for drug screening. OG. On page 1A. u*mtionO.28.4. provide proof of cost,would this include purchase tickets from supply houses and receipts from eupp|yhnuoeo/depnto? A0. VVn expect(o see on itemized invoice as part of the pay submittal process, U7. Does the Draft Services Agreement need to be filled out as if the service agreement were in effect,or just turned inaowe acknowledge the information specified? A7� No, this does not need to be filled out nor turned in, This is just a sample of what the agreement will look like in case you are awarded the contract, � � nBuu-0uon Residential Plumbing uvmiGem | Addendum Question and Answers ' Page zmz . M6tCflmvievv Page luf2 mnda/uk,wme(Ay of Fort Wort, Ten, � �� �� � � ���' COUNCIL AGENDA CITY ������m������� ��k��w�m����� �op WO TrCreate New From This M&C 13PITB22-UO20RESIDENTIAL REFERENCE °°K8&C2�- DATE: 4/1��O2� L���SNAQ0E' PLUMBING NO.: U2G2 ' � ADK � CODE: P TYPE: CONSENT PUBLICNO HEARING: SUBJECT: (ALL) Authorize on Agreement with Aster Heat and Air, Inc. for Residential Plumbing Services inen Amount Upto$450.0UU.0} and Authorize Four One-Year Renewals inthe Same Amount for the Water Department RECOMMENDATION: It is recommended that the City Council authorize an agreement with Astar Heat and Air, Inc. for residential plumbing services in an amount up to$450,000.00 and authorize four one-year renewals in the same amount for the Water Department. DISCUSSION: The Water Department approached the Purchasing Division with the intent tn establish anagreement to provide residential plumbing services for qualified elderly and/or low-income homeowners through the Smart-Flush and SmartRepair water conservation programs and any new programs created during the course of these agreements, The SmartFlush and SmartRepair programs helped water customers reduce water b\||a and city water{ono by installing w/mtepefhnienttoi|nba' as well as, finding/fixing minor plumbing |eehe, such as faucets, fixtunao, toilets and minor pipe repair. In order to procure these services, Invitation to Bid (ITB) 22-0026 Residential Plumbing Services was advertised in the Star-Telegram on Wednesday's from December 29, 2021 through January 19, 2022. | � The ITB was sent to 27 vendors, with three (3) responses being received. The three responses were | evaluated by a panel of four consisting of members from the Water, and Property Management Departments. After evaluations were concluded, the vendor with the highest score was Astar Heat | and Air, Inc. Purchasing staff reviewed the pricing and determined it to be fair and reasonable. As m / / result of the evm|usdiona, it is recommended to award an agreement to Aetar Heat and Air, Inc. ' This amount ie budgeted in the Other Contractual account | AGREEMENT TERMS: The agreement may be renewed for four one-year terms. The renewal action will not require City Council approval provided that the City Council has appropriated sufficient funds � to satisfy the City`aobligation during the nanevvm{ terms. � DVIN-BE: A waiver of the goal for Business Equity subcontracting requirement is approved by the � DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or � services is from sources where subcontracting or supplier opportunities are negligible � ADMNISTRATIVE CHANGE ORDER: An administrative change order or increase maybe madebv � the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does � not require specific City Council approval as long as sufficient funds have been appropriated,FISCAL | . The Director of Finance certifies that funds are available in the current operatingbudget, � previously appropriated, intheVVater& GevverFundtooupportthaopprova( oftheabcme i recommendation and award of the agreement. Prior to any expenditure being incurred, the | Water Department has the responsibility to validate the availability of funds. | � ! M&C Review Page 2 of 2 BQN\\ TO Fund Department Account Project Program Activity Budget I Reference# I Amount __ -- ID �- f ID _ _ __.._ Year l_.(Chartfield 2) FROM Fund Department Account I Project Program Activity Budget j Reference# j Amount lD_ -. i ID �_ _ Year f {Chartfield 2) Submitted for City Manager's Office by: Reginald Zeno (8517) Dana Burghdoff(4554) Originating Department Head: Anthony Russo (8338) Chris Harder(6344) Additional Information Contact: Cynthia Garcia (8525) Ashley Kadva (2047) ATTACHMENTS 1295 Astar Heat and Air.pdf (CFW Internal) 13P ITB 22-0026 RESIDENTIAL PLUMBING SERV WATER ADK.xlsx (CFW Internal) 13P ITB 22-0026 RESIDENTIAL PLUMBING SERV.docx (CFW Internal) ITB 22-0026 Plumbing Suppliers Waiver 12-27-21 GVindel.pdf (CFW Internal) Residential Plumbinq Contract-FID Table.xlsx (CFW Internal) SAMs 2.9.22.PNG (CFW Internal) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=29815&councildate=4/12/2022 4/12/2022 CERTIFICATE OF INTERESTED PARTIES FoRm 12 95 OFFICE USE ONLY ,, r,if (F air: nt;111e r"'r CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2022-874523 AStar Hera K Air, Inc, r)amas, -1 X United States Date Filed. _-_.__._ __..... _ __._-_ - ___._ _ -__ 041"I t3/2022 2 Nante of governmental entity or state agency that is a party to the contrarf for which the form is being filed. Cily of 1 0a Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goocls,or other property to be provided under the contract, 4 Nature of interest Name of interested Party City,State,Country(place of husiness) (check applicable) Conholling ( Intermediary �S- i)d(%d v0I`a .'i,' I l rl�t"{f �1,a�t"> x 5 Check only if there is NO Interested Party, 6 UNSWORN DECLARATION e^ _ luld my cl i r of I+:r,h Vf r .:.ado, {coratiryi Lrecutcd lit _ ��wiU4fllfiUtf �� y Yn Lids Carlos Rtauala�as .t � iE '.r 5,ID' o.13C313d888 Co ���rfNfllttff\�ti��